Bill gives tribes new authority over non-Indians

American Indian tribes have tried everything from banishment to charging criminal acts as civil offenses to deal with non-Indians who commit crimes on reservations.

Ever since the U.S. Supreme Court ruled in 1978 that tribal courts lack criminal jurisdiction over non-Indians, tribes have had to get creative in trying to hold that population accountable. They acknowledge, though, that those approaches aren’t much of a deterrent, and say most crimes committed by non-Indians on tribal land go unpunished.

Tribal leaders are hoping that will change, at least in part, with a federal bill expected to be signed into law today. The measure gives tribes the authority to prosecute non-Indians — for a set of crimes limited to domestic violence and violations of protecting orders.

Implementation of the Violence Against Women Act will take time as tribes amend their legal codes and ensure defendants receive the same rights offered in state and federal courts. But proponents say it’s a huge step forward in the face of high rates of domestic violence with no prosecution.

“For a tribal nation, it’s just absurd that (authority) doesn’t exist,” said Sheri Freemont, director of the Family Advocacy Center on the Salt River Pima Maricopa reservation in Arizona. “People choose to either work, live or play in Indian Country. I think they should be subject to Indian Country rules.”